Karnataka High Court
The Gavipura Extension House vs The Bruhath Bengaluru Mahanagara ... on 15 December, 2021
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.27951/2016 (LB - RES)
BETWEEN
THE GAVIPURA EXTENSION HOUSE
BUILDING CO-OPERATIVE SOCIETY,
NO.50, 3RD CROSS ROAD,
GAVIPURA EXTENSION,
BENGALURU-560 019,
REPRESENTED BY ITS SECRETARY.
... PETITIONER
[BY SRI.K.ANANDA, ADV.
(PHYSICAL HEARING)]
AND
1. THE BRUHATH BENGALURU
MAHANAGARA PALIKE
REPRESENTED BY ITS COMMISSIONER,
BENGALURU-560 001.
2. THE ADDITIONAL COMMISSIONER
BBMP, RAJARAJESHWARINAGAR,
BENGALURU-560 098.
3. THE REVENUE OFFICER (KENGERI)
BBMP,
RAJARAJESWARINAGAR,
BENGALURU-560 098.
2
4. THE ASSISTANT DIRECTOR OF TOWN
PLANNING, BBMP,
RAJARAJESHWARINAGAR,
BENGALURU-560 098.
5. THE SPECIAL TASILDHAR
BENGALURU SOUTH TALUK,
K.R. ROAD,
BENGALURU-560 004.
6. THE BENGALURU DEVELOPMENT
AUTHORITY,
KUMARA PARK WEST,
REPT. BY ITS COMMISSIONER,
BENGALURU-560 020.
7. THE MANAGING DIRECTOR
BESCOM
CAUVERY BHAVAN,
K.G. ROAD,
BENGALURU-560 009
8. THE CHAIRMAN
AND MANAGING DIRECTOR,
BWSSB,
CAUVERY BHAVAN,
K.G. ROAD,
BENGALURU-560 009.
9. SUPERINTENDENT OF POLICE
RAMANAGARA DISTRICT,
RAMANAGARA - 571 511
10. SMT. GURAMMA
W/O. LATE RAMASWAMY,
R/O. MARIYAPPANA PALYA
JNANABHARATHI POST
NAGADEVANAHALLI
BENGALURU - 560 056
3
11. MR. ANURAG JAIN
PARTNER,
M/S. UDAYA ASSOCIATES,
#29, WHITE HOUSE,
ST. MARK'S ROAD,
BENGALURU-560 001.
12. MR. S.M. SHAKHADRI
S/O. MR. SYED ABDUL RAHEEM,
AGED 42 YEARS,
NO.1112, 26TH "B" MAIN,
JAYANAGAR, 9TH BLOCK,
BENGALURU-560 011.
13. SMT. A.J. USHA RANI
W/O. A.N. JANARDHAN,
AGED 38 YEARS,
#108, EWS,
KHB COLONY,
BASAVESHWARANAGAR,
BENGALURU-560 079.
14. SMT. K.K. NIRUPAMA
W/O. P.N. GIRISH,
AGED 30 YEARS,
#18, 3RD MAIN ROAD,
3RD BLOCK, 3RD STAGE,
BASAVESHWARANAGAR,
BENGALURU-560 079.
15. SRI. H.N. GIRIDHAR
S/O. G. NINGAIAH,
AGED ABOUT 23 YEARS,
"SRIKRISHNA NILAYA",
NO.2160, 3RD "B" MAIN ROAD,
7TH "A" CROSS ROAD,
RPC LAYOUT,
VIJAYANAGARA,
BENGALURU-560 040.
4
16. SMT. GEETHA SRIDHAR
W/O. S.M. SRIDHAR,
AGED 31 YEARS,
FLAT NO.107,
RMV CRUSTAL BLOCK-2,
LOTTE GOLLAHALLI,
BENGALURU-560 094.
17. SMT. UMASHANKAR
S/O. G. NINGAIAH,
AGED 34 YEARS,
"SRIKRISHNA NILAYA",
NO.2160, 3RD "B" MAIN ROAD,
7TH "A" CROSS ROAD,
RPC LAYOUT,
VIJAYANAGARA,
BENGALURU-560 040.
18. SRI K N SURENDRA
S/O NAAGU,
AGED ABOUT 28 YEARS,
SRIKRISHNA NILAYA,
NO. 2160, 3RD B MAIN ROAD,
7TH A CROSS ROAD,
RPC LAYOUT,
VIJAYANAGARA,
BENGALURU - 40.
19. SRI P N GIRISH
S/O NAGENDRAPPA,
39 YEARS,
# 131, 3RD MAIN ROAD,
3RD STAGE,
BASAVESHWARANAGAR,
BENGALURU - 79.
5
20. SRI KALACHANNEGOWDA
S/O KENGEGOWDA,
AGED ABOUT 58 YEARS,
NO. 1438, NEW KEB COLONY,
CHAMUNDESHWARI NAGAR,
MANDYA - 571 401.
21. SMT. SAROJAMMA
W/O NAGENDRAPPA P
AGED ABOUT 57 YEARS,
NO. 131, 3RD MAIN ROAD, 3RD STAGE,
BASAVESHWARNAGARA,
BENGALURU - 79.
22. SRI B N RAGHAVENDRA
S/O NAGARAJA SHETTY,
AGED ABOUT 24 YEARS,
NO. 60/22, "CHINMYA" 4TH CROSS,
JAVARAIAH GARDEN,
3RD BLOCK, TYAGARAJANAGAR,
BENGALURU - 28.
23. SMT. K G NAGARATHNA
W/O G N MANJUNATH,
AGED ABOUT 33 YEARS,
NO.4, 1ST STAGE,
GRUHALAKSHMI LAYOUT,
BASAVESHWARANAGARA,
BENGALURU - 79
24. SRI M R NAGARAJU
S/O RAMAIAH SHETTY,
NO. 33, 1ST MAIN ROAD,
3RD STAGE, 4TH BLOCK,
BASAVESHWARANAGARA,
BENGALURU - 79.
6
25. SRI M RAMAIAH SHETTY
S/O TIPPAIAH SHETTY,
AGED ABOUT 74 YEARS,
NO. 33, 1ST MAIN ROAD,
3RD STAGE, 4TH BLOCK,
BASAVESHWARANAGARA,
BENGALURU - 79.
26. SRI M R SAMPATHKUMAR
S/O RAMAIAH SHETTY,
AGED ABOUT 42 YEARS,
NO. 33, 1ST MAIN ROAD,
3RD STAGE, 4TH BLOCK,
BASAVESHWARANAGARA,
BENGALURU - 79.
27. SMT. JAYANTHI
W/O T H RAMESH,
AGED ABOUT 34 YEARS,
NO. 852, 14TH C CROSS ROAD,
MAHALAKSHMI LAYOUT,
BENGALURU - 86.
28. SRI D H HONNEGOWDA
S/O LATE D L HONNEGOWDA,
AGE MAJOR,
NO. 205, 9TH CROSS ROAD,
2ND STAGE, BCC LAYOUT,
BENGALURU - 40.
29. SRI GOVINDA RAJU SHETTY
S/O M N NAGASHETTY,
AGE MAJOR,
NO. 6, 2ND FLOOR,
EAST CIRCLE ROAD, V.V.PURAM
BENGALURU - 04.
7
30 . SRI GIRISH K
S/O K P RAMANNA,
AGED ABOUT 28 YEARS,
7, OPP. HANUMANTHANAGAR POLICE STATION,
ASHOKANAGAR,
BENGALURU - 50.
31. SRI H M SOMU
S/O H T MADAPPA,
AGED ABOUT 52 YEARS,
R/O NO. 135, 11TH CROSS, 5TH MAIN,
PRASHANTHANAGAR,
BENGALURU - 79.
32. SRI GANEASH R HEGDE
S/O RAMACHANDRA D HEGDE,
AGED ABOUT 41 YEARS,
NO. 34, CHANDRAGIRI
2ND CROSS, CHANDRA LAYOUT,
MARUTHI NAGAR,
BENGALURU - 40.
33. SMT. VINUTHA
W/O K RAGHAV,
AGED ABOUT 39 YEARS,
18, 6TH MAIN ROAD,
TEACHERS COLONY,
SHANKARNAGARA,
BENGALURU - 96.
34. SRI D S SUBRAMANYAM
S/O LATE SRI VENKATA REDDY,
AGED ABOUT 44 YEARS,
R/O NO. 1024, VIJAYNAGARA
7TH CROSS, 1ST MAIN ROAD,
BENGALURU - 40.
8
35. SRI K RAGHAVA
S/O V G KRISHNA MURTHY,
AGED ABOUT 43 YEARS,
R/O NO.18, 6TH MAIN ROAD,
TEACHERS COLONY,
SHANKARNAGARA,
BENGALURU - 96
36. SRI.K.S. SATHISH
S/O SANNEGOWDA,
AGED ABOUT 26 YEARS,
NO.1538, 6TH C MAIN ROAD,
1ST C CROSS, REMCO LAYOUT,
VIJAYANAGARA,
BENGALURU-40
37. SMT. GEETHA
W/O LATE SHIVARAMU
AGED ABOUT 33 YEARS,
NO.401, 5TH MAIN,
3RD CROSS,
NAGENDRA BLOCK, SRINAGARA,
BENGALURU-50
38. SMT. KAMALAMMA
W/O SRI.H.N.CHOWDAPPA,
AGED ABOUT 55 YEARS,
NO.11, 1ST MAIN ROAD,
7TH CROSS ROAD,
AMARAJYOTHI NAGARA,
VIJAYANAGARA,
BENGALURU-40
39. SRI.MURALIDHAR Y K
S/O KENCHEGOWDA,
AGED ABOUT 41 YEARS,
217, 7TH CROSS ROAD,
BUVANESHWARINAGARA,
JNANABHARATHI POST,
BENGALURU-56
9
40. SRI.MUNI CHETTY V
S/O LATE HONNAPPA SHETTY,
AGED ABOUT 60 YEARS, NO.83/2
1ST MAIN ROAD, GOVINDARAJNAGAR,
BENGALURU-40
41. SMT. SUNITHA N
W/O K.R.NATARAJ
AGED ABOUT 34 YEARS,
NO.10/1B, 16, 4TH B CROSS ROAD,
PUTTENAHALLI MAIN ROAD,
J.P.NAGARA, 6TH PHASE,
BENGALURU-78
42. MRS. ASHWINI K. SHASHIKUMAR
W/O K SHASHIKUMAR,
AGED 27 YEARS,
NO.22, 1ST CROSS,
10TH BLOCK NAGARABHAVI,
2ND STAGE,
BENGALURU-72
43. SMT. ANUPAMA S C
W/O N T NATARAJ
# 741, BANNY MANTAPA
'B' LAYOUT,
SHIVARATHRAJESHWARINAGAR,
MYSORE-15
44. SRI B K SRINIVAS
S/O LATE KOTE RANGAIAH,
AGED ABOUT 47 YEARS,
# 11/03,
HOSALLI G. PALYA
VISHVANEEDAM POST,
MAGADI MAIN ROAD,
BENGALURU-91
10
45 . SRI H M RAGHUNATHA
S/ H T MADAPPA
AGED ABOUT 45 YEARS,
HERAGANAHALLI VILLAGE,
ALISANDRA POST,
NAGAMANGALA TALUK,
MANDYA DISTRICT
46. SMT R. CHANDRAKALA
W/O H M NARAYANA MURTHY
AGED ABOUT 40 YEARS,
NO.117, N BLOCK,
MYSURU-570023
47. SRI D SWETHA SHREE
D/O D S SUBRAMANYA
AGED ABOUT 23 YEARS,
1024 7TH CROSS,
1ST MAIN ROAD,
7TH CROSS,
NANDHINI LAYOT,
VIJAYANANDANAGARA,
BENGALURU-96
48. SMT K S VAISHALI
D/O K V SUDER,
AGED ABOUT 26 YEARS,
BALAGODU VILLAGE,
BALAGODU POST,
SULYA TALUK,
SOUTH KANNADA DISTRICT
49. SRI MANJUNATH NAGAPPA
S/O S. NAGAPPA,
AGED ABOUT 43 YEARS,
R/O NO.1324, 27TH MAIN,
BSK 2ND STAGE,
BENGALURU-70
11
50. SRI M K VELU
SRI PADMA RAJESHWARI SERVICE
STATION,
# 323, 4TH MAIN,
5TH BLOCK, HBR LAYOUT
CMR GARDEN,
BENGALURU-43
51. SRI RAGHUGOWDA
S/O N LAKSHMINARASIMHAIAH,
AGED ABOUT 40 YEARS,
NO.1419, 13TH MAIN ROAD, B BLOCK,
SAHAKARANAGARA,
BENGALURU-92
52. SRI RANGA MAREGOWDA
S/O LATE VENKATAPPA,
AGED ABOUT 60 YEARS,
NO.290, 3RD A CROSS ROAD,
4TH MAIN ROAD, 3RD DIVISION
BASAVESHWARANAGARA,
BENGALURU-79
53. SMT M G PADMALATHA
W/O B MANIKYARAJU,
AGED ABOUT 56 YEARS,
NO.46, 2ND CROSS ROAD,
ANJANADRI LAYOUT
KONANAKUNTE,
BENGALURU-62
54. SRI P N GIRISH
S/O NAGENDRAPPA,
AGED ABOUT 39 YEARS,
NO.131,
3RD MAIN ROAD, 3RD DIVISION,
BASAVESHWARANAGARA,
BENGALURU-79
12
55. SRI C H NAGARAJ
S/O LATE MALLAPPA,
# 26, 7TH MAIN ROAD,
POORNA PRAGNA ROAD,
AVANOOR LAYOUT
NAGASANDRA POST,
BENGALURU-73
56. SRI A SUBHRAMANI
S/O LATE ARUNACHALAM,
AGED ABOUT 53 YEARS,
NO.19, 3RD MAIN ROAD,
SHANKARNAGARA,
NANDHINI LAYOUT POST,
BENGALURU-96
57. SRI R SRINIVAS RANGAN
S/O R K RAMASWAMY IYANGAR
AGE:MAJOR,
NO.16 IYANGAR BEKARY
SARASWATHINAGARA
VIJAYANAGARA,
BENGALURU-40
58. 1) SRI K LOKESH
S/O CHIKKEDODDEGOWDA,
2) SMT H C SWETHA
W/O K LOKESH NO.501,
LAKSHMI VENKATESHWARA NILAYA,
2ND MAIN ROAD, NAGENDRA BLOCK,
SRINIVASA NAGARA,
BENGALURU-50
59. SMT L RAJESHWARI
W/O M K VELU PROP
SRI PADMA RAJESHWARI SERVICE
STATION,
# 323, 4TH MAIN, 5TH BLOCK
HBR LAYOUT, CMR GARDEN
BENGALURU-43
13
60. SRI V CHANDRASHEKAR
S/O M K VELU
M.K.VELU, S/O LATE M KUPPACHARI
SRI PADMA RAJESHWARI SERVICE
STATION, # 323, 4TH MAIN, 5TH BLOCK,
HBR LAYOUT, CMR GARDEN
BENGALURU-43
61. THE MANAGER
UCO BANK,
FRAZER TOWN BRANCH
# 14, MOSQUE ROAD,
FRAZER TOWN,
BENGALURU-05
62. THE MANAGER
SREE CHARAN SOUDARDA CO OPERATIVE
BANK, NO.87/1,
H B SAMAJA ROAD, BASAVANAGUDI
BENGALURU 04
63. THE MANAGER
SYNDICATE BANK,
LONG FORT TOWN BRANCH
LONG FORT TOWN,
BENGALURU 41
... RESPONDENTS
[BY SRI. PAWAN KUMAR, ADV. FOR
SRI. H.DEVENDRAPPA, ADV. FOR R1 TO R4;
SRI. K.R.NITYANANDA, AGA FOR R5;
SRI. K.KRISHNA, ADV. FOR R6;
SRI. V.M. MURTHY, ADV. FOR R7;
SRI. RAGHAVENDRA P. HOGADE, ADV. FOR R8;
SRI. A.D. RAMANANDA, ADV. FOR R14;
SMT. B.V. VIDYULATHA, ADV. FOR R28, R31,
R38, R45, R53, R58(1) AND R58(2);
SRI. DEEPAK J., ADV. FOR R40;
SRI. M.R. VIJAY KUMAR, ADV. FOR R46;
SRI. N. JAI PRAKASH RAO, ADV. FOR R49;
14
SRI. NARENDRA D.V. GOWDA, ADV. FOR R51;
SRI. K.R. PARASURAM, ADV. FOR R61;
SRI. P.ANAND, ADV. FOR R62;
R9, R11, R12, R13, R16, R19, R21 TO R26, R29, R33,
R35, R39, R41 TO R43, R47, R48, R50, R54, R59, R60
AND R63 ARE SERVED AND UNREPRESENTED]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1
TO 4 TO TAKE IMMEDIATE ACTION FOR CANCELLATION
AND WITHDRAWAL OF KATHA AND PLAN SANCTIONED
INDIVIDUALLY IN RESPECT OF PRIVATE RESPONDENTS
AND OTHER ILLEGAL SITE HOLDERS AS PER ORDER
DATED 04.03.2014 VIDE ANNEX-P AND ALSO CANCELLING
THE PID NO. ISSUED TO THEM AND NOT TO COLLECT
ANY TAXES IN FUTURE AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel appearing for the petitioner has filed a memo for withdrawal, which reads as follows:
"MEMO FOR WITHDRAWEL OF WRIT PETITION It is submitted that, the Joint Commissioner, Rajarajeshwari Range, BBMP Bengaluru after hearing all the interested parties, by an order dated 04.03.2014 at Annexure-P and order dated 12.08.2014 at Annexure-R, was pleased to cancel the Katha 15 of the sites in Sy.No.93 (Old No.26/14) measuring 2 Acres of Nagadevanahalli village and also ordered to cancel all sanctioned plan based on the appeal filed by the petitioner society. However, the Respondent No.1 to 4 have failed to implement the said order and failed to cancel the individual Katha standing in the name of private Respondents. Therefore, the petitioner has filed the above writ petition seeking writ of Mandamus based on the order dated 04.03.2014 and other relief.
It is submitted that, during the pendency of the above writ petition i.e., on 08.09.2017 and 14.09.2017, the Joint Commissioner, Rajarajeshwari Range, BBMP Bengaluru and 3rd Respondent recalled the earlier order dated 04.03.2014 and further ordered to restore the Katha of the sites in dispute in favor of the private respondents that too without giving any opportunity of hearing to the petitioner and the said fact came to the notice of the petitioner recently and in view of the said subsequent 16 developments, the prayer sought for in the above writ petition will become infractuous.
Wherefore, the petitioner most humbly prays that, this Hon'ble Court in view of the subsequent developments be pleased to permit the petitioner to withdraw the above writ petition with liberty to file fresh writ petition, in the interest of justice and equity"
The writ petition is dismissed as withdrawn in terms of the memo.
Sd/-
JUDGE KG